Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 12 contracts
Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Subordinated Credit Agreement (Zimmerman Sign Co), Term Loan Agreement (Specialty Foods Acquisition Corp)
Take or Pay Contracts. The Each Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the such Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 5 contracts
Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Bairnco Corp /De/), Credit Agreement (Dollar Thrifty Automotive Group Inc)
Take or Pay Contracts. The Borrower will notNot, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 4 contracts
Samples: Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Delphi Financial Group Inc/De)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or any such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Key Components LLC), Credit and Guaranty Agreement (Key Components Finance Corp), Credit and Guaranty Agreement (Key Components Finance Corp)
Take or Pay Contracts. The Borrower will not, and will --------------------- not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 3 contracts
Samples: Credit Agreement (One Source Telecommunications Inc), Credit Agreement (Ameritel Pay Phones Inc), Credit Agreement (Stillwater Mining Co /De/)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property Property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property Property or services are delivered or furnished to it.
Appears in 3 contracts
Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P), Credit Agreement (National Energy Group Inc)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 3 contracts
Samples: Credit Agreement (Amc Entertainment Inc), Pledge Agreement (Amc Entertainment Inc), Credit Agreement (Amc Entertainment Inc)
Take or Pay Contracts. The Borrower and the Parent will not, and will not permit any of its their respective Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower Borrower, the Parent or any such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (E Z Serve Corporation), Credit and Guaranty Agreement (Imo Industries Inc)
Take or Pay Contracts. The Borrower will not, and will not --------------------- permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 2 contracts
Samples: Acceptance Agreement (Aptargroup Inc), Credit Agreement (Vintage Petroleum Inc)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement (i) by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to itit and (ii) could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Restricted Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 2 contracts
Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Take or Pay Contracts. The Borrower will not, shall not and will shall not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it; provided, however, the Borrower may, and may permit its Subsidiaries to, enter into such arrangements which are incidental to its business and not entered into for speculation.
Appears in 2 contracts
Samples: Charter Agreement (Great Lakes Dredge & Dock CORP), Credit Agreement (Great Lakes Dredge & Dock CORP)
Take or Pay Contracts. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the a Borrower or such its Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
Samples: Security Agreement (Us Automotive Manufacturing Inc)
Take or Pay Contracts. The Except for any existing arrangements under the Project Documents, the Borrower will not, and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
Samples: Credit Agreement (Calpine Corp)
Take or Pay Contracts. The Borrower will not, and will not --------------------- permit any of its Restricted Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Restricted Subsidiary regardless of whether such materials, supplies, other property or services are in fact or can be required to be delivered or furnished to it.
Appears in 1 contract
Take or Pay Contracts. The Borrower will not, and --------------------- will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property property, or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether or not such materials, supplies, other property property, or services are delivered or furnished to itthe Borrower or such Subsidiary.
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Take or Pay Contracts. The Borrower will not, and will not permit any of its Subsidiaries the other Obligors to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property Property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property Property or services are delivered or furnished to it.
Appears in 1 contract
Samples: Credit Agreement (Metrocall Inc)
Take or Pay Contracts. The Borrower Borrowers will not, and will not permit any of its their respective Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower any Loan Party or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
Take or Pay Contracts. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether or not such materials, supplies, other property properties or services are delivered or furnished to it.
Appears in 1 contract
Take or Pay Contracts. The Borrower will not, and will --------------------- not permit any of its Restricted Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Restricted Subsidiary regardless of whether such materials, supplies, other property or services are in fact or can be required to be delivered or furnished to it.
Appears in 1 contract
Samples: Credit Agreement (Primestar Inc)
Take or Pay Contracts. The Borrower will not, --------------------- and will not permit any of its Subsidiaries to, enter into or be a party to any arrangement for the purchase of materials, supplies, other property or services if such arrangement by its express terms requires that payment be made by the Borrower or such Subsidiary regardless of whether such materials, supplies, other property or services are delivered or furnished to it.
Appears in 1 contract
